Legal Guide to Same-Sex Marriage, Parenting & Divorce in Washington
Legally recognized or not, same-sex couples are forming (and will continue to form) loving partnerships. They will have children. Some will also break-up. The Legal Guide to Same-Sex Marriage, Parenting & Divorce in Washington State will cover many of the important legal issues facing same-sex couples in Washington State.
We begin by addressing some of the most common LGBT legal issues in our Quick Guide: Same-Sex Family Law Tips. The guide's tips will help same-sex couples establish and protect their rights as a family.
Don’t Leave Home Without It: Power of Attorney
Same-sex couples, regardless of marital status, should have powers of attorney drafted by an attorney with experience in LGBT estate planning. This document gives you and your partner rights in healthcare settings to make decisions for each other, if the other becomes unable to do so.
Protect Your Relationship with Your Children: Co-Parent Adoptions
If you and your same-sex partner, regardless of marital status, have children together, the non-biological parent should legally adopt the children to protect your child-parent relationship.
Tax Season: Make Sure Your Accountant Knows What They’re Doing
The complexities of filing federal income tax returns for same-sex couples can be daunting, even for tax professionals. Do yourself a favor and find an accountant or tax attorney who knows the ins and outs of tax returns for same-sex couples. Make sure that he/she does not rely on a software program to do it—most of these programs are unable to differentiate the tax consequences of a civil union, domestic partnership and marriage. The federal government only recognizes marriages, so couples in domestic partnerships or civil unions should always meet with a tax professional.
Protect Your Partner: Get a Good Estate Plan
All couples in Washington State should strongly consider estate planning. It is particularly important for couples who are not legally married. These couples will want to speak with an estate planning attorney prepared to advise them regarding tax consequences resulting from the transfer of property that do not apply to married couples.
It is also important to have a good estate plan if you live, plan to move to, or have property in a state that does not recognize same-sex marriage. Estate planning will reduce the potential for issues caused by a state’s lack of recognition of your relationship.
The general rule with estate planning is to review your estate plan every five years. For same-sex couples, they should revisit their estate plan whenever there are major changes in the law or major changes in their lives.
Find an Exceptional LGBT Family Law Attorney
Almost every same-sex couple can benefit from consulting a family attorney who is well-versed in issues affecting same-sex families. An LGBT family law attorney can assist you with all of the recommendations above, as well as provide other advice applicable to your particular situation.
In Washington State, McKinley Irvin has years of experience providing counsel to same-sex couples in the areas of marriage, divorce, custody, estate planning, assisted reproduction, and relationship agreements. Learn more about McKinley Irvin’s LGBT family law services.
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Client testimonials
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"I knew I had a great team looking out for my best interest."My daughter is the sunshine of my life. I felt despair and a sense of helplessness on the day I was served. On the first appointment day when I arrived at the office and sat down with my lawyer, I knew I had made the right decision. From the beginning of my case to conclusion, I knew I had a great team looking out for my best interest (and the best interest of my child). Thank you McKinley Irvin!- Christine P.
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"Thanks for all the work for our family over the past year."Thanks for all the work for our family over the past year. We’re really glad you are on our side.- P.O.
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"I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser."David remained very level headed and family focused throughout our proceedings. That said, I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser during an otherwise difficult time.- T.M.
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"We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.- P.M.
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"I cannot imagine two people better able to represent me."Without David and Sam, there is no way I could have made it through this exceptionally difficult time in my life. I cannot imagine two people better able to represent me, nor a better firm to handle my affairs. You all have been wonderful!- M.L.
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"My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up."My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up and was very knowledgeable on custody issues.- R.R.
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"You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this."I would like to give my sincere appreciation to Jennifer Payseno and staff. You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this most difficult time. Thank you for not only being my attorney but becoming part of our extended family.- M.F.
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"Thank you very much for doing such a wonderful job. It has been a pleasure working with you."Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.- R.C.